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19930720 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 20, 1993 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Gonzales, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held July 6, 1993, be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 15, 1993, was presented, advising that the below listed employees have qualified in the month of June for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance. Date of Hire Emplovee Award 04-27-88 05-19-91 02-01-65 02-26-90 09-06-87 08-17-87 09-03-85 Solomon Benudiz, Sergeant Gerardo Farias, utilityman Ray Shelton, Fire Captain Darren Simpkins, Firefighter Andrew Thompson, utilityman Michael Wilson, Fire Captain David Zapien, Police Officer 2 years 2 years 2 years 2 years 2 years 2 years 2 years 08-30-87 03-26-84 04-01-84 02-01-70 Juan Arellano, utilityman Theresa NiCholas, Asst. Records Mgr. Gary Sawyer, utilityman Dan Simon, Fire Captain 3 years 3 years 3 years 3 years 02-21-82 06-26-89 06-26-89 Joe Cervantes, utilityman Rory Moore, Firefighter Mark Whitworth, Firefighter 4 years 4 years 4 years 12-20-87 victor Trujillo, utilityman 5 years 12-16-60 Richard Wiles, Battalion Chief 6 years 05-12-80 Fernando Weathers, utilityman 10 years 06-27-82 Kevin Wilson, Civil Engineer 11 years The Mayor presented the above listed employees with their respective awards. The following employees were unable to attend the meeting; however, awards were accepted on their behalf by their respective department head: 06-01-64 11-06-89 11-18-63 06-11-84 Thomas Pavlovsky, Fire Captain Manuel Aquino, Diesel Operator George Burgess, Engineering Assoc. Mark Moen, Sergeant 2 years 3 years 3 years 4 years The Mayor called a recess at 5:18 p.m. The Council reconvened in regular session at 5:22 p.m., all members present before the recess again being present. Police Department Activity Log for the period July 1 thru 15, 1993, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period July 1 thru 15, 1993, be received and filed. Motion carried. 4695 I I City Council Minutes page 2 July 20, 1993 Fire Department Activity Report for the period July 1 thru 15, 1993, was presented. It was moved by Ybarra seconded by Gonzales, that the Fire Department Activity Report for the period July 1 thru 15, 1993, be received and filed. Motion carried Health Department Report for the month of June, 1993, was presented. It was moved by Davis, seconded by Ybarra, that the Health Department Report for the month of June, 1993, be received and filed. Motion carried. Risk Management Report for the month of June, 1993, was presented. It was moved by McCormick, seconded by Gonzales, that the Risk Management Report for the month of June, 1993, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to address the Council on any matter listed on the agenda other than with regard to any Public Hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the Council on any matter listed on the agenda other than with regard to any Public Hearings that may be listed. There was no one in the audience who wished to address the City Council at this time. It was moved by Ybarra, seconded by Davis, to open the Public Hearing to consider a request from SERVCON-Vernon, Inc. for a Conditional Use Permit to allow the applicant to construct and operate a Material Recovery and Transfer Facility at 3677 Bandini Boulevard, the time being 5:24 p.m. Motion carried. victor vaits addressed the City Council and summarized the information that was presented in his communication dated July 15, 1993. There was a Court Reporter present to record all comments and testimony given during this part of the Public Hearing. Mr. Vaits addressed the Council and advised that, at the request of the Los Angeles Unified School District, there is one change to Condition "f" for the Conditional Use Permit which addresses truck traffic near Vernon City Elementary School. Condition "f" will include the following: Trucks traveling to or from the facility shall not be routed past Vernon Avenue Elementary School located at the intersection of Santa Fe Avenue and Vernon Avenues. He further advised that a map has been prepared showing this area of concern. Communication from victor H. vaits, Director of Community Services, dated July 15, 1993, was presented, advising that SERVCON-Vernon, Inc. has applied for a Conditional Use Permit to construct and operate a materials recovery and transfer facility at 3677 Bandini Boulevard, and transmitting the following supporting documents: .1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 4694 I I City Council Minutes page 3 July 20, 1993 3. Draft Environmental Impact Report; 4. Final Environmental Impact Report; 5. Notice of Public Hearing and affidavits of posting and mailing; 6. Findings and statement of Overriding Considerations; 7. Proposed Mitigation Monitoring Plan This has been reviewed by the City Attorney, and it is hereby recommended that: 1. The City Council determine that the project is consistent with the General Plan as adopted by the City of Vernon. 2. The Findings and the statement of Overriding Considerations be approved. 3. The Mitigation Monitoring Plan be approved. 4. A Notice of Determination and a De Minimus Finding be filed with the County Clerk. 5. The Environmental Impact Report be certified with the following mitigation measures: A. During project operations, SERVCON-Vernon, Inc. shall schedule employee shift changes and the arrival and departure of transfer trucks and trucks with recovered materials to minimize travel on local streets between the hours of 6 a.m. and 8 a.m. and 4 p.m. and 6 p.m. Peak hours for arrival of collection trucks shall be after 8 a.m. and before 4 p.m. B. Prior to site plan submittal, a new intersection at the site access shall be designed to consist of two outbound lanes (a 12-foot wide left-turn lane and a 14-foot wide right-turn lane); one inbound, 16-foot wide lane from westbound Bandini Boulevard; and 150-foot long eastbound left-turn lane into project. Prior to certificate of occupancy, a traffic signal shall be installed at the new intersection with Bandini Boulevard to the satisfaction of the Director of Community services. C. A frontage road shall be designed parallel to Bandini Boulevard and implemented by SERVCON-Vernon, Inc. during project construction to maintain site access to the Aluminum Corporation property west of the project site. The frontage road shall meet the specifications of the Director of Community Services and connect the Aluminum Corporation site with the new intersection and traffic signal described above. The frontage road shall be deeded as a public roadway to the City of Vernon. D. Prior to issuance of building permits, SERVCON-Vernon, Inc. shall submit detailed site plans and construction drawings for review and approval by the City of Vernon with regard to the adequacy of the truck turning radii, storage distances and onsite traffic controls. E. After six months of operations, SERVCON-Vernon, Inc. shall have an occupational noise assessment prepared by a City-approved accoustician. If occupational noise levels are found to exceed 85 dBA, SERVCON-Vernon, Inc. shall establish a hearing conservation program as described under Federal Occupational Safety and Health Administration (OSHA) regulations 29 CFR Sec. 1910.95, I. 4693 I I City Council Minutes page 4 July 20, 1993 paragraphs (c) through (0). If occupational noise exposure levels are found to be greater than 90 dBA, the daily period of noise exposure shall be decreased from 8 hours as described under OSHA regulations 29 CFR Sec. 1910.95, paragraph (b) to minimize exposure. F. Prior to site grading, SERVCON-Vernon, Inc. shall demonstrate to the City of Vernon that appropriate project design features and facility operating procedures have been implemented to comply with SCAQMD Rule 402, which prohibits dust impacts that cause a nuisance offsite, and SCAQMD Rule 403, which restricts visible emissions from construction. specific measures shall include the incorporation of adsorption filters and a negative pressure system in the tipping area of the main processing building; application of a misting agent to solid waste deposited for processing; minimization of the amount of construction equipment operating simultaneously; daily watering of the construction area to stabilize soils; cessation of grading activities during periods of high winds; and the paving and landscaping of exposed areas as soon as practical. G. SERVCON-Vernon, Inc. shall pave all parking areas on site to minimize dust emissions during operations. H. The project design shall provide adequate ingress and egress at the entrance to the MRTF to minimize congestion. The entrance design shall incorporate the intersection geometrics, including dedicated turn lane, as defined by the City of Vernon (refer to traffic mitigation on Final EIR page 4.2-17). I. SERVCON-Vernon, Inc. shall provide employees with information on bus routes and rideshare opportunities. To reduce employee vehicle miles traveled, the project proponent shall encourage the hiring of local residents. J. The project design shall incorporate a sUb-atmospheric pressure system and filter for the tipping area to minimize odors emitted by the facility in accordance with South Coast Air Quality Management District regulation. K. Prior to the issuance of a building permit, a site- specific geotechnical investigation shall be performed to evaluate potential seismic effects and the characteristics and condition of the subsurface earth materials. The recommendations provided by the geotechnical consultant, upon review and approval by the Director of Community Services, shall be incorporated into the building design and construction of the project. L. Prior to issuance of building permits, a geotechnical investigation shall be conducted, to the satisfaction of the Community Services Department, and shall investigate any soil settlement due to regional seismic shaking. Potential impacts shall be identified and mitigated through such measures as removal of compressible soils to firm natural ground, replacement with properly compacted fill, and/or removal and recompaction of "in situ" compressible soils. M. A health and safety plan shall be developed for all construction activities which involve soil excavation per the findings in the Preliminary Endangerment Assessment (PEA) (Alton 1992). Analytical data generated by the PEA will be used to evaluate proper disposal methods for any excess soil generated during excavation activities. 4692' I I City Council Minutes page 5 July 20, 1993 N. The Employee Training and Safety program, the Employee Safety Compliance Program, and the Hazardous Materials Training Plan shall be enforced throughout the life of the project, and the effectiveness of the programs shall be reviewed annually and updated accordingly. A medical surveillance program shall be incorporated into the Employee Safety Compliance Program, in accordance with 29 CFR 1910.120(f). O. All safety training shall be conducted during the lifetime of the project by a person with industrial hygiene experience. Training must be done before a new employee begins work and refresher training provided annually thereafter. The initial training shall extend for a minimum of 24 hours and refresher training shall be for 8 hours annually. This requirement will also apply to employees assigned a new position at the facility. P. Eye Protection shall be included in the list of personal protective equipment (PPE) supplies in the Employee Training and Safety Program. The Employee Training and Safety Program shall be reviewed by the City of Vernon for completeness based on OSHA and Sold Waste Facility regulations. During the life of the project, all PPE shall be monitored by the project operator for effective- ness and replaced if functioning improperly. The Employee Training and Safety Program shall include techniques on proper handling and disposal of hazardous waste. Q. A Hazardous Material Coordinator shall be identified by SERVCON-Vernon, Inc. and assigned the responsibility of record keeping and agency notification in the event that hazardous materials are intercepted at the facility during processing. position responsibilities shall also include the implementation of approved training programs for the handling and disposal of hazardous materials. R. The Operations Manual shall be expanded to limit the storage time of nonrecoverable solid waste at the facility to a maximum of 48 hours from its arrival and require that a radiation detection device be placed at the scales to screen for radioactive materials. S. A litter control program shall be implemented to maintain the facility in a safe, sanitary, and attractive condition for the life of the project. The litter control program shall include the installation of 6-foot high fencing around the perimeter of the project site, tarping of all open vehicles exiting the property, and daily pick-up of onsite stray litter. At the request of the City of Vernon, SERVCON-Vernon, Inc. will clean-up any spills of waste or litter along truck routes in the city of Vernon resulting from trucks traveling to or from the site. T. The Household Hazardous Materials Training Plan shall be revised by SERVCON-Vernon, Inc. to demonstrate that, vehicles suspected of carrying unacceptable materials will be isolated and visual inspection will be conducted by facility employees of its contents; supervision by the Hazardous Material Coordinator will prevent employees and waste haulers from coming in contact with accidental spills; site operations will minimize the amount of hazardous waste container movement; spill response equip- ment will be available near the unloading area (i.e., tipping floor); transport of unacceptable materials to a temporary hazardous waste storage area will be conducted safely to minimize contact with incompatible materials and avoid accidental spills. 46"f:: I I City Council Minutes page 6 July 20, 1993 U. The design of the temporary hazardous waste storage area shall incorporate a containment berm to control accidental releases, and be direct accessible (i.e., no obstructions by structures) for ingress/egress. The spill response and handling equipment must be properly maintained and kept in good working conditions through routine inspection by the facility operator. V. Buildings, ground and perimeter areas shall be inspected on a regular basis for signs of vectors. If vector sightings occur, appropriate measures such as the use of a licensed exterminator shall be used. It is also recommended that the Conditional Use Permit be granted to SERVCON-Vernon, Inc. subject to the aforementioned mitigating measures A thru V, and contingent upon the following Conditions a thru r: a. During construction the streets and surrounding areas shall be kept free of dirt and excessive dust. street sweeping of the streets and surrounding areas shall be provided immediately at the City's request. b. SERVCON-Vernon, Inc. shall obtain an NPDES General Industrial storm Water Permit and an NPDES General Construction Activity storm Water Permit from the California state Water Resources Control Board prior to operation. This permit and all supportive documents shall be kept on the premises and be available for review and inspection by all enforcement agencies. All physical improvements and facilities, as required by permits, shall be in place prior to the opening of business. c. Noise levels, averaged over the operating hours of the facility, generated by equipment or operations at the site shall not exceed average sound levels of 65 decibels (dBA), or 10 dBA above the pre-existing ambient environmental noise level, whichever is greater. Noise levels shall be measured at the property lines, or at any point outside the property lines of the site. Measurement of ambient environmental noise shall be conducted with all onsite operations and equipment shut down and secured. In addition, the maximum peak noise level at the property line shall not exceed 90 decibels (dBA). Any required noise studies shall be prepared by an independent noise consultant and paid for by the operator. d. No business shall be conducted on City streets including transferring of product or cueing of vehicles. e. Outside storage shall not be visible from the public right-of-way. This shall include scrap and processed material f. SERVCON-Vernon, Inc. shall provide all waste haulers with the attached map, marked Exhibit "A", showing the preferred routes of travel for collection vehicles between freeway exit and entrance points and the project site. Trucks traveling to or from facility shall not be routed past Vernon Avenue Elementary School located at the intersection of Santa Fe and Vernon Avenues. g. The operator shall have a Hazardous Materials Plan, Contingency Plan and Training Plan approved by the Vernon Health Department prior to occupying the site. h. The facility shall be operated in accordance with the appropriate codes, rules, regulations and subject to permit fees as adopted by the City of Vernon. Prior to 4690 I I City Council Minutes page 7 July 20, 1993 occupancy a business license and occupancy permit shall be obtained. i. A log, in a form approved by the City of Vernon, of materials received at the facility and their weight shall be kept and made available to the City of Vernon or its independent accountant at all times. j. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed in facilities in compliance with appropriate codes. Only vehicles of SERVCON-Vernon, Inc. shall be cleaned or serviced at this facility. k. The facility shall meet the requirements of any regulations adopted pursuant to Public Resources Code Section 43209 and the requirements of any other applicable sections of the California Integrated Waste Management Act of 1989 (Public Resources Code, section 40000, et. seq.). 1. The facility shall accept and dispose of up to five tons a day of City of Vernon generated wastes and materials consisting of concrete, asphalt, green waste and all non- hazardous solids at no charge to the City. m. An underground storage tank monitoring system shall be installed by a qualified service person. The monitoring system shall meeting the requirements of Vernon City Code, Chapter 13, Article III, Underground Storage of Hazardous Substances. n. The buildings, parking, driveway access and landscaping shall be developed in accordance with the conceptual site plan which was submitted with this application and approved by the Director of Community Services. No changes shall be made in the site development except with the prior approval of the Director of community Services. o. SERVCON-Vernon, Inc., and any assignees or successors, shall indemnify, hold harmless, and defend the City of Vernon, its officers, agents, and employees from and against any and all claims complaints, or petitions for (1) damages, losses, expenses resulting from bodily injury, sickness, disease, disability or death arising from the operation of the facility excluding therefrom any such claim results from the gross negligence or intentional wrongdoing of the City of Vernon, its officers, agents or employees; (2) a peremptory writ or other relief by way of injunction, mandamus, or administrative mandamus; or (3) legal expenses and attorney's fees incurred by the City of Vernon or awarded against the City of Vernon on behalf of any party in such a proceeding. The City of Vernon does not waive its right to participate in the defense of any such action. p. SERVCON-Vernon, Inc. shall perform the mitigating measures set forth in section 2 hereof. q. This Conditional Use Permit and its Conditions, and the mitigating measures set forth in section 2, shall be accepted by SERVCON-Vernon, Inc. and any assignees or successors, by a written instrument, executed and acknowledged, filed with the City Clerk within thirty days of its approval, stating that the recitals and conditions are correct. If said acceptance is not so filed, this permit shall be null and void and of no effect. 4689 I I City Council Minutes page 8 July 20, 1993 r. This Conditional Use Permit may be leased, transferred or assumed only with the prior approval of the City Council of the City of Vernon. Any lessee, transferee or assignee shall perform all of the mitigating measures and meet all the conditions of this permit. The Mayor asked if there was anyone who wished to address the City Council. There was no one who wished to address the Council It was moved by Gonzales, seconded by McCormick, to close the Public Hearing with regard to the request by SERVCON- Vernon for a Conditional Use Permit, the time being 5:44 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the communication from the Director of Community Services dated July 15, 1993 and all supporting documents be received as evidence. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Council determine that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Ybarra, seconded by Gonzales, that (1) the Findings and the Statement of Overriding Considerations and (2) the Mitigation Monitoring Plan be approved. Motion carried. It was moved by Davis, seconded by McCormick, that (1) a Notice of Determination and a De Minimus Finding be filed with the County Clerk and (2) that the Environmental Impact Report be certified contingent upon the aforementioned mitigation measures "A" thru "V". Motion carried. It was moved by Ybarra, seconded by McCormick, that the Conditional Use Permit be granted to SERVCON-Vernon, Inc. contingent upon the aforementioned Conditions "a" thru "r". Motion carried. RESOLUTION NO. 6291 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to SERVCON-Vernon, Inc. for the Operation of a Materials Recovery and Transfer Facility at 3677 Bandini Boulevard, was presented It was moved Ybarra, seconded by McCormick, that Resolution No. 6291 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 10, 1993, was presented, advising that at their meeting held May 17, 1993, the Finance Committee approved the 1993 Software Maintenance Contract with OCS Technologies, Inc. for the Police Department effective July 1, 1993, pending final review by the City Attorney. The contract has now been reviewed by the City Attorney, and it is hereby recommended that the contract be approved and executed. (Deferred from the City Council Meeting held July 6, 1993.) It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated June 10, 1993, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6267 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of (1) A Consent To Assignment and Release on Behalf of OCS Command Data Systems; and (2) The OCS Software Support and Maintenance Agreement and Software Support and Maintenance 4688 I I City Council Minutes page 9 July 20, 1993 Pricing and Configuration Addendum By and Between the city of Vernon and OCS Technologies, Inc., was presented. (Deferred from the City Council Meeting held July 6, 1993.) It was moved by McCormick, seconded by Davis, that Resolution No. 6267 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 12, 1993, was presented, requesting authority and funds for Gloria J. Orosco, Chief Deputy City Clerk to attend the 1993 City Clerk's Summer Conference in Santa Barbara, August 8- 13, 1993, with an expense allowance of $1045. It was moved by Ybarra, seconded by McCormick, that authority be granted for Gloria J. Orosco to attend the 1993 city Clerk's Summer Conference in Santa Barbara, August 8-13, 1993, with an expense allowance of $1045. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 12, 1993, was presented, requesting authority and funds for Gerald W. Forde, Assistant to the City Administrator, to attend the California Association for Local Economic Development Issue Forums in Pomona, September 9, 1993, with an expense allowance of $108. It was moved by Davis, seconded by Gonzales, that authority be granted for Gerald W. Forde to attend the California Association for Local Economic Development Issue Forums in Pomona, September 9, 1993, with an expense allowance of $108. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated July 13, 1993, was presented, requesting authority and funds for Sergeant James Rodino to attend the Assertive Supervision Course in Carlsbad, August 24-26, 1993, with an expense allowance of $511.50 of which $453 will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Sgt. James Rodino to attend the Assertive Supervision Course in Carlsbad, August 24-26, 1993, with an expense allowance of $511.50. Motion carried. Communication from Fire Chief Dave Telford, dated July 15, 1993, was presented, requesting authority and funds for Battalion Chiefs Larry Burdett, James Smith and Gary wiskus to attend the Strike Team Leader Workshop in Long Beach, August 23- 24, 1993, with an allowance of $65 each for registration. It was moved by Ybarra, seconded by Davis, that authority be granted for Battalion Chiefs Larry Burdett, James Smith and Gary wiskus to attend the strike Team Leader Workshop in Long Beach, August 23-24, 1993, with an allowance of $65 each for registration. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated July 15, 1993, was presented, requesting authority and funds for Tilahun Alemu, Electrical Engineering Assistant, to attend the Grounding Grid Design in Electric Power Systems Seminar in Sacramento, August 11-13, 1993, with an expense allowance of $992.10. It was moved by Davis, seconded by Ybarra, that authority be granted for Tilahun Alemu to attend the Grounding Grid Design in Electric Power Systems Seminar in Sacramento, August 11-13, 1993, with an expense allowance of $992.10. Motion carried. The City Clerk advised that the following matter should be deferred to the next meeting. 46g7 I I City Council Minutes page 10 July 20, 1993 Communication from Bruce V. Malkenhorst, City Clerk, dated July 15, 1993, transmitting for review and acceptance the 1993 Annual Report on the status of the Vernon General Plan. RESOLUTION NO. 6260 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Annual Report on the General Plan for Fiscal Year 1992-1993. It was moved by Gonzales, seconded by Ybarra, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 15, 1993, was presented, advising that a Computation Report is being compiled by Kenneth J. DeDario, Director of Light & Power, which will determine the Energy Cost Adjustment Billing Factor for the next three month period, and will be submitted to the Council at their meeting to be held July 20, 1993. Based on the actual fuel expenses and revenues, and Southern California Edison Company's forecast for the next three months, it is hereby recommended that the new factor of -$0.02238 per kilowatt hour be adopted to be effective for all bills rendered from August 1, 1993. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated July 15, 1993 be received and filed, and that the new Energy Cost Adjustment Billing Factor of $-0.02238 per kilowatt hour be approved and adopted. Motion carried. RESOLUTION NO. 6293 - A Resolution of the City Council of the City of Vernon Changing the Energy Cost Adjustment Billing Factor Charged for Electrical Energy Distributed and Supplied to Its Electrical Customers, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6293 be approved and adopted. Motion carried. WARRANT REGISTER NO. 868 covering claims and demands presented during the period of July 2 thru July 15, 1993, drawn on the First Interstate Bank totaling $261,759.06, which includes Demand Nos. 42716 thru 43000 (inclusive), excluding Light & Power Demands and void Demand Nos. 42724, 42733 thru 42803 (inclusive) 42921 thru 42970 (inclusive), 42991 thru 42993 (inclusive) and 42999 (accounting period July, 1993) was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 868 be approved and payment authorized for claims and demands totaling $261,759.06, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 868 covering claims and demands presented during the period of July 2 thru 15, 1993, drawn on the First Interstate Bank totaling $1,072,996.50, which includes Light & Power Demand Nos. as listed below (accounting period July, 1993) was examined and audited: 42716 42717 42719 42731 42732 42809 42810 42819 42826 42835 42837 42844 42855 42860 42868 42882 42886 42896 42899 42901 42907 42909 42914 42915 42918 42920 42975 42982 42983 42985 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 868 be approved and payment authorized for claims and demands totaling $1,072,996.50. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. 4686 I I City Council Minutes page 11 July 20, 1993 PAYROLL WARRANT REGISTER NO. 445 covering claims and demands presented during the period of June 13 thru 26, 1993, drawn on the First Interstate Bank totaling $760,075.66 which includes Demand Nos. 7088 thru 7105 (inclusive), (accounting period July, 1993) was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 445 be approved and payment authorized for claims and demands totaling $760,075.66. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 15, 1993, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held July 19, 1993 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations listed on the Agenda for the Personnel Committee Meeting held July 19, 1993 be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 15, 1993, was presented, transmitting an Agreement for Contractual Services with VHV Consultants for consideration of approval. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated July 15, 1993 be received and filed, and that the Agreement for Contractual Services with VHV Consultants be approved and executed. Motion carried. RESOLUTION NO. 6290 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Contractual Services By and Between the City of Vernon and victor H. Vaits, DBA VHV Consultants, Providing for Consulting Services as Temporary Director of the Department of Community Services, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6290 be approved and adopted. Motion carried. Consideration of Liability Claim of Investment Development Services. It was moved by Ybarra, seconded by Gonzales, that the aforementioned matter be deferred to Closed Session later this date. Motion carried. Consideration of a Letter Agreement for Purchase of Replacement Capacity in 1993 by the City of Vernon from Southern California Edison Company for Vernon City Capacity Resources submitted by Kenneth DeDario, Director of Light and Power, July 14, 1993. It was moved by Gonzales, seconded by Ybarra, that the Letter Agreement for Purchase of Replacement Capacity in 1993 by the City of Vernon from Southern California Edison Company for Vernon City Capacity Resources be approved and executed. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. RESOLUTION NO. 6292 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of Vernon ("VERNON") and the Southern California Edison Company ("EDISON") providing for the purchase of Replacement Capacity By Vernon from Edison for the City Capacity Resources Integrated by Vernon (Entitlements in Palo Verde units 1, 2 and 3) During 1993, was presented. 4685 I I City Council Minutes page 12 July 20, 1993 It was moved by Ybarra, seconded by McCormick, that Resolution No. 6292 be approved and adopted. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. David B. Brearley, City Attorney, advised the City Council that FAX copies are acceptable for the city Clerk's records. Consideration of a Natural Gas Sales Agreement between Grand Valley Gas Company and the City of Vernon submitted by Kenneth J. DeDario, Director of Light and Power, July 14, 1993. It was moved by Davis, seconded by Ybarra, that a Natural Gas Sales Agreement between Grand Valley Gas Company and the City of Vernon be approved and executed. Motion carried. RESOLUTION NO. 6294 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Natural Gas Sales Agreement By and Between the City of Vernon and Grand Valley Gas Company, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6294 be approved and adopted. Motion carried. Consideration of a Firm Transmission Service Agreement between San Diego Gas & Electric Company and the City of Vernon submitted by Kenneth J. DeDario, Director of Light and Power, July 15, 1993. David B. Brearley, City Attorney, advised that this was service for the month of August. It was moved by Ybarra, seconded by Gonzales, that the Firm Transmission Service Agreement between San Diego Gas & Electric Company and the City of Vernon be approved and executed. Motion carried. RESOLUTION NO. 6295 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a SDG&E-Vernon Firm Transmission Service Agreement (Contract No. 93-07-02) By and Between the San Diego Gas & Electric Company and the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6295 be approved and adopted. Motion carried. Consideration of a proposed Bail Schedule to be effective July 21, 1993 for parking violations for the Police Department submitted by Bruce V. Malkenhorst, City Clerk, July 15, 1993. It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. The Mayor called a recess at 6:11 p.m. The Council reconvened in regular session at 6:16 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session. Attorney/Client Privilege, pursuant to Government Code sections 54956.9(a) and 54956.9(b) (1), the time being 6:16 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk and City Attorney. 4684 I I City Council Minutes page 13 July 20, 1993 The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Mayor Malburg was excused at 6:20 p.m. Mayor Malburg returned at 6:29 p.m. It was moved by Gonzales, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:30 p.m. Motion carried. Consideration of Liability Claim of Investment Development Services. (Deferred from earlier in the meeting.) It was moved by Gonzales, seconded by Ybarra, that the claim of Investment Development Services for the case of Montgomery v. Southern California Edison Company et ale be denied. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. "'c::;'" <~ ~~7~~~~ ) (Leonis C. M~lbU~ ''-Mayor \ ATTEST: ~ Bruce V. Malkenhorst city Clerk 4 6 R3~